No rental agreement

[cathy31198]

I recently moved out of a basement apartment without giving 30 days notice. I live in kansas and the statute says you have to give 30 days. but then there is another statute 58-2547 that says that if there is no rental agreement the landlord and tenant waive their rights under the act. wouldnt that mean i didnt have to give 30 days and i should get my deposit back? the only thing that was said between us was that we would pay so much for rent a month and make a deposit. would that be considered a verbal agreement, if so, how? if it is a verbal agreement then there can never be "no rental agreement", like the statute says right? also she is charging us outrageous amounts of money for damage. first, there was no damage. she is charging $80 for patching a few holes from pictures and repainting the walls. shouldnt that we considered wear and tear? and the walls didnt need to be painted. then she is charging $30 to change locks when we gave her the key. and $10 to sweep the floor. this place was not big it couldnt have taken more then 5 minutes to sweep the floor. plus they didnt sweep the floor before we moved in(the floors were disguisting and took me a week to scrub them back to being white). thank you.
cathy

 

[I AM ALWAYS LIABLE]

My response:

That's a good one, Cathy. Nice try, though. You've misread the Statute. The statute, below, does not mean it takes affect if there is "no rental agreement." It means that that certain items cannot be waived in a rental agreement (oral or written); not if, or whether, an agreement exists. You owe 30 days Notice if you intend to vacate. Otherwise, you're on the hook for payment, whether you're there or not.

Chapter 58.--PERSONAL AND REAL PROPERTY
Article 25.--LANDLORDS AND TENANTS
58-2547. Same; prohibited terms and conditions; damages. (a) No rental agreement may provide that the tenant or landlord:

(1) Agrees to waive or to forego rights or remedies under this act;

(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;

(3) agrees to pay either party's attorneys' fees; or

(4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit.

(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant.


IAAL


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[Tracey]

You're on the hook for an extra month's rent. However, you can sue to recover the improperly withheld portions of the deposit. Read 58-25,108 for more info. Also, if L re-rents the place in less than 30 days from you moving out, L has to credit you with any rent she collects from the new tenants. L can't collect rent from both of you for the same days!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.